Abdul Rehman vs State and Others

Y.P. Nargotra, J.—The petitioner participated in the selection process under the Open Category for selection of the candidates for J&K

Combined Services (Mains) Examination as per SRO 161 of 1995 carried out by the Public Service Commission. Admittedly, the petitioner had

successfully qualified the preliminary test and, thereafter, competed in the Mains Examination. When he was to apply for appearing in the Main

Examination, he sought his consideration under the RBA Category, as by then he had obtained the RBA Certificate in his favour from the

competent authority after having completed in the Preliminary Test in the Open Category. The Commission did not accede to his request and

considered him in Open Category, where he could not make the grade for being called for interview. Being aggrieved of his non-summoning for

viva-voce, he has filed the instant writ petition.

The contention of Mr. Siddiqui is that in the Main Examination the petitioner was entitled to claim the benefit of reservation despite the fact that

he had not competed in the Preliminary Examination under the RBA Category and was an Open Category candidate.

The contention of Mr. Raina is that the petitioner could not have validly opted for the reserve category in the Main Examination after having

competed in the Preliminary Examination as an Open Category candidate. In support of his contention he relies upon the case, entitled, J&K

Public Service Commission v. Israr Ahmad (2005) 12 SCC 498. In para-5 their Lordships have observed as follows:'

We have considered the rival contentions advanced by both the parties. The contention of the first respondent cannot be accepted as he has not

applied for selection as a candidate entitled to get reservation. He did not produce any certificate along with his application. The fact that he has

not availed of the benefit for the preliminary examination itself is sufficient to treat him as a candidate not entitled to get reservation. He passed the

preliminary examination as a general candidate and at the subsequent stage of the main examination he cannot avail of reservation on the ground

that he was successful in getting the required certificate only at a large stage. The nature and status of the candidate who was applying for the

selection could only be treated alike and once a candidate has chosen to opt for the category to which he is entitled, he cannot later change the

status and make fresh claim. The Division Bench was not correct in holding that as a candidate he had also had the qualification and the production

of the certificate at a later stage would make him entitled to seek reservation.

The observation of their Lordships apply to the instant case with full force. Thus, the petitioner was not entitled to be considered under the RBA

Category in the Main Examination, as he had appeared in the Preliminary Examination as an Open Category candidate.

In view of the above, there is no merit in the writ petition. It is as such dismissed along with the connected CMP. Interim direction, if any, shall

stand vacated.